An ad hoc commission led by Cleary Gottlieb partner Jean-Yves Garaud wrote a report, “The Arbitrator’s Liability,” that was published by Le Club des Juristes.
The purpose of the commission was to clarify the positive law stance on the liability of arbitrators in France in order to determine whether the current regime should be better defined or modified, in particular, in light of foreign law. The ad hoc commission of the Club des Juristes has concluded from its analysis of this question that French law provides a balanced system that prevents the arbitration process from being paralyzed by abusive appeals to the judicial judge, in advance, while also making it possible to cite the arbitrator’s liability in the course of proceedings in the event that he/she seriously breaches his/her responsibilities and obligations. In this sense, French law on the liability of arbitrators appears to be more ethical than common law, which accords arbitrators almost full immunity.
Read the full report here.